
mM&L _ 



f5;f^v x^^ 




OFFICrAJL DO^TAXIOIN'. 



SCHOOL LAW OF OHIO 



ACCOMPANIED BY 



JJL ± 



PREPARED BY THE SECRETARY OF STA' 



roR 



OF 



SCHOOL OFFICERS. 



COLUMBtrS,:'': , , 

OSGQOD & BLAKE, PRINTEES, 
1853. 



V^ ^'V^f 



Is oxohangc O.T.Po^iniMP. 



SECRETARY OF STATE'S OFFICE, 
Columbus, Ohio, July, 1853. 

To School Officers: 

Gentlemen : — In compliance with, the joint resolution of the General Assembly, 
passed March 14th, A. D. 1853, I have prepared forms to accompany the 
school law herevfith published, with as much care as my ofl&cial duties would 
allow. It is believed that they embrace all the topics contemplated, without tran- 
scending the limits prescribed by the resolution. 

It is hoped they will aid school officers in the discharge of their duties under 
the law, and contribute to render them less intricate and difficult to be performed. 

Side notes have been prepared with great care ; and a copious index, both to 
"the law and to the forms. 

It will be observed that the accompanying act repeals the law, transferring the 
duties of Superintendent of common schools to the Secretary of State. No pro- 
vision having been made for the discharge of duties, heretofore devolving upon the 
School Department, previous to the election of a School Commissioner in October 
next, I am in the daily receipt of letters from all parts of the State, making 
inquiries in regard to such points of the law, as appear ambiguous or difficult to 
comprehend. 

In many instances these complaints of ambiguity are well founded, owing 
doubtless to the magnitude of the subject, and the necessarily complicated nature 
of the system embraced by the law; but in a large majority of cases the difficul- 
ties are imaginary, resulting from an indisposition on the part of those charged 
with its execution to examine, and study the law in all its parts. 

In conclusion, I beg to remark to all those who may be charged with the execu- 
tion of the law, that all the forms that can be prepared, or explanations that can 
be made, will not obviate the necessity of closely studying its provisions as a 
whole and in detail. Yery respectfully. 

Your ob't servant, 

WILLIAM TREVITT, 

Secretary of State, 




AI ACT 



TO PROVIDE FOR THE REORGANIZATION, SUPERVISION, AND 
MAINTENANCE OF COMMON SCHOOLS. 

§ 1. Be it enacted by the General Assembly of the State J^^p^se'^ls- 
Ohio. That hereafter each and every organized township in the tncts ; school 

, , . districts arc 

State shall compose but one school district lor all purposes sub -districts. 
connected with the general interests of education in the town- 
ship, and shall be confined to the management and control of 
a board of education, and the several school districts and frac- cation. 
tional parts thereof, which now are, or may hereafter be estab- 
lished in the several organized townships of the State, shall 
be regarded as sub-districts, and be confided to the manage- Local Direct- 



Board of Edu- 



ors. 



Cities, (fee. 



;g<XlUCU CIO aU.U-Llli31.lH.yLO, UllU U\j (.y<_'lJlllu.>..-«-l l/W Klivy ixiutii^gj 

ment and control of local directors, as hereinafter provided; 
but nothing contained in this act shall be so construed as to give 
to the township board of education, or to local directors in 
sub-districts, jurisdiction over any territory in the township 
included within the limits of any city or incorporated village, 
with the territory annexed thereto for school purposes, which 
shall elect or appoint a board of education as hereinafter pro- 
vided, or which now is or may hereafter be governed as to 
schools, by any speciai or other act, specified in the sixty- 
seventh section of this act. 

ELECTION OF LOCAL DIRECTORS. 

§ 2. On the second Monday of April ii the year eighteen when, whew 
hundred and fifty-three, there shall be held at the usual hour ^^*J ^^'^ '^■ 

•' ' . . . rectors elect- 

and place of holding district meetings in each of the sub-dis- ed. 



6 



Term of office. 



Minutes of tlie 
meeting;. 



Clerk to re- 
cord. 

Clerk to certi- 



Hoirr of hold- 
ing election. 
Who may des- 
ignate. Five 
days notice to 
be given. 



Official oath. 



Vacancy, how 
fiHed. 



tricts of the several townships of the State, a school meeting 
of the qualified voters resident within the sub-district, and hav- 
ing the qualifications of voters at the State and county elec- 
tions, who, when assembled, shall organize by the appointment 
of a chairman and secretary, and proceed to elect by ballot, 
three school directors for such sub-district; of tliose so elected, 
the person receiving the highest number of votes shall hold his 
office for three years; the person receiving the next highest 
number, shall hold the office for two years; and the person re- 
ceiving the next highest number, shall hold the office for one 
year; and each shall continue in office until his successor is 
elected and qualified. In case two or more persons so elect- 
ed have received an equal number of votes, the duration of 
their respectiveiterms of office shall be determined by lot in 
the presence of the chairman and secretary of the meeting; 
and annually thereafter in the same manner on the second 
Monday in April, there shall be elected in each sub-district of 
the proper township, one school director for the term of three 
years; and the minutes of the proceedings of any such sub- 
district meeting shall be signed by the chairman and secretary, 
and delivered to the directors who shall have been elected as 
aforesaid, to be recorded by the clerk in the records of the sub- 
district, and the said clerk of the sub-district shall forthwith 
certify to the township clerk, the names of the local directors 
so elected, specifying the term for which each was elected; if 
the directors of any sub-district so elected shall deem it expe- 
dient, they may designate the specific hour of the day on which 
the annual election for such sub-district shall be held, and in 
such case, shall cause five days notice thereof ia writing to be 
posted up in three of the most public places in such sub- 
district. 

§ 3. The said directors, w^ithin five days after their elec- 
tion, shall take an oath or affirmation to support the constitu- 
tion of the United States and of the State of Ohio, and faith- 
fully and impartially to discharge the duties of their office; 
w^hich said oath the directors are authorized to administer to 
each other. And in case a vacancy shall occur in the office of 
director, by death, resignation, refusal to serve, or otherwise, 
it shall be the duty of the township clerk to fill such vacancy 
within ten days after being informed thereof, by appointment 
for the unexpired term. 



§ 4. If the qualified voters of any sub-district shall fail to special meet- 
meet and elect school directors, as prescribed in the second ^"iJ^fj;'^*' 
section of this act, it shall be lawful for any three qualified 
voters of such sub-district to call a special meeting of the 
voters of such suD-district, for the purpose of electing direct- 
ors, en first giving five days notice in writing of the time and 
place of holding such meeting, by posting the same in three of 
the most public places in such sub-district; and the directors so 
elected at such special meeting, shall hold their offices for the 
same terms of time as if elected on the second Monday of 
April, as prescribed in said second section, except that their 
said terms of office shall be considered as havmg commenced ^^.^ 
on the second Monday of April next preceding the time of 
holding such special meeting. 

•§ 5. It shall be the duty of the directors, any two of whom How directors 
shall constitute a quorum, to meet as soon as practicable after *nrfheir*'' 
having been elected and qualified, at such place as mav be meetings. 
most convenient in the sub-district, and organize by appomting 
one of their number clerk of the sub-district, who shall pre- Clerk of sub- 
side at the official meetings of the directors, and record their ties of. ' 
proceedings in a book to be provided for the purpose, together 
with the minutes of the proceedings of the annual school 
meetings held in the sub-district by the qualified voters thereof, 
which shall be a public record; and all such proceedings, when 
so recorded, shall be signed by the clerk of the proper sub- 
district. The duT-ctors may meet as frequently as they may 
think necessary for the transaction of business, and fill any va- 
cancy in the office of clerk which may occur in the sub-dis- 
trict, or, in case of his absence, either of the other directors 
may officiate temporarily in his place. 

DUTIES OF LOCAL DIRECTORS. 



Their duties. 



§ 6. It shall be the duty of the school directors in each 
sub-district to take the management and control of its local 
interests and affairs, to employ teachers, to certify the amount 
due them for services to the township clerk, who shall draw 
an order on the township treasurer for the amount; and to dis- Township 

^ _ ' clerk to draw 

miss any teacher, at any time, for such reasons as they may orders on trea- 
deem sufficient; and to visit the school or schools of the sub- ^^^' 



8 



Duties of local 
directors con- 
tinued. 



Wiea consent 
of board to be 
obtained. 



Contracts to 
be reported to 
board. Board 
responsible 
for perform- 
ance of con- 
tracts. 



EiiT;meration 
of youtli. 



district at least twice during each term by one or more of their 
number, with such other person or persons competent to ex- 
amine pupils in their studies, as they may choose to invite. 

§ 7. It shall be the duty of the directors, in their respect- 
ive sub-districts, to negotiate and make, under such rules and 
regulations as the township board of education may prescribe, 
all necessary contracts in relation to providing fuel for schools, 
repairing, building or furnishing school houses, purchasing or 
leasing school house sites, renting school rooms, and making all 
other provisions necessary for the convenience and prosperity 
of schools within their sub-district; but no contracts shall be 
made by the directors, under the provisions of this section, for 
the payment of money from the township school fund applica- 
ble to such purposes, which in any one year shall exceed the 
amount distributable to the sub-district in proportion to the 
enumeration of scholars resident therein, without first obtain- 
ino- the consent or order of a majority of the township board 
of education; and all contracts made by the local directors 
under the provisions of this section, shall be reported to the 
said board at their next meet ng after the making of such con- 
tracts, and said township board of education, in their corpo- 
rate capacity, on the part of the sub-district, shall be held re- 
sponsible for the performance^ thereof. 

§ 8. It shall be the duty of the directors in each sub-dis- 
trict to take, or cause to be taken, annually, between the first 
and third Monday of October, an enumeration of all the un- 
married white and colored youth, noting them separately, be- 
tween the ages of five and twenty-one years, resident within 
such sub-district and not temporarily there, designating be- 
tween male and female, and return a certified copy thereof to 
the township clerk; and in case the directors in any sub-dis- 
tric'.s shall fail to take and return the enumeration aforesaid, it 
shall be the duty of the township clerk to employ a competent 
person to take the same and allow him a reasonable compen- 
sation for ms services, and shall proceed to recover the amount 
so paid for such services in a civil action, before any court hav- 
ing jurisdiction, in the name of the State of Ohio, against said 
directors in their individual capacity; and in such suits, said 
clerk shall be a competent witness; and the money so collect- 
ed shall be applied to the use of common schools in the proper 



# 



9 

township. The township clerk shall make an abstract of the 

enumeration so returned to him, designating |the number of 

youth in each sub-district, and transmit such abstract, duly Abstracttobe 

certified, to the county auditor, within twenty days after the fuaftor!*^^*" 

return made to him by the directors, or the person appointed 

to take such enumeration. 

§ 9. If any civil township or part of a township compos- Different sur- 
posing a sub-district, shall be partly situated in the Virginia ^d separate*' 
Military District, the United States Military District, the ly- 
Western Reserve, or in an original surveyed township, or 
fractional township to which belongs any of section sixteen or 
other lands in lieu thereof, or any other lands for the use of 
schools, or any interest in the proceeds of such school lands, 
the local directors shall, in taking the enumeration of youth 
resident within their jurisdiction, return separately those re- 
siding in. the Virginia Military District, or United States Mili- 
tary District, or Western Reserve, or original surveyed town- 
ship or fractional township to which belong any school lands 
or interest in the proceeds of school lands. 

TOWNSHIP BOARDS OF EDUCATION.- 



Of whom 



§ 10. That the township board of education shall consist 
of the township clerk and of the local director from each sub- composed, 
district of the township, who has been appointed clerk in his 
sub-distnct, a majority of whom shall constitute a quorum for Qx^omm. 
the transaction of business; and the clerk of the township shall ^p ^ • 
be clerk of the board, but shall not be entitled to a vote. It clerk to be 
shall be the duty of said clerk to De present at the meetings of 
the board, and to record in a book to be provided for the pur- 
pose, all their official proceedings, which shall be a public re- 
cord open to the inspection of any person interested therein; 
and all such proceedings, when so recorded, shall be signed by 
the chairman and clerk. 

§ 11. The said township board of education in each town- Powers and 
ship of the State, and their successors in office, shall be a body ^^^^ies. 
politic and corporate in law, and as such may contract and be 
contracted with, sue and be sued, plead and be impleaded, in 
any court of law or equity in this State, and may receive any 
gift, grant, donation or devise, made for the use of any school 
or schools within their jurisdiction; and moreover "they shall 



10 



Sessions of 
the board, re- 
gular and ad- 
journed. 



Management 
of central and 
hicfh schools. 



When to act 
as local di- 
rectors. 



be and hereby are invested in their corporate capacity with 
the title, care and custody of all school houses, school house 
sites, school libraries, apparatus or other property belonging 
to the school districts as now organized, or which may here- 
after be organized, within the limits of their jurisdiction, with 
full power to control the same in such manner as they may 
think will best subserve the interests of common schools and 
the cause of education; and when in the opinion of the board 
any school house or school house site has become unnecessary, 
they may sell and convey the same in the name of the township 
board of education of the proper township; such conveyance 
to be executed by the chairman and clerk of said board, and 
shall pay the avails over to the township treasurer of the pro- 
per township for the benefit of schools, and all conveyances 
of real estate which may be made to said board, shall be to 
said board in their corporate name and to their successors in 
office. 

§ 1 2. It shall be the duty of the township board of educa- 
tion to hold regular sessions on the third Monday of April 
and on the third Monday of October in each year, in the 
usual place of holding township elections, or at such place in 
the immediate neighborhood as may be convenient for the 
transaction of any business which may be necessary in rela- 
tion to the subject of either the primary or graded schools of 
the township, with power to adjourn from time to time, or to 
hold special meetings at any other time or place within the 
proper township as they may think desirable for the transac- 
tion of business as aforesaid, and at all such meetings shall ap- 
point one of their number to the chair, and in case of the ab- 
sence of the township clerk, may appomt one of their own 
number to serve temporarily as clerk. 

§ 13. The township board of education shall have the man- 
agement and control of all the central and high schools of 
their proper township which may be established therein under 
the authority of this act, with full power in respect to such 
schools, to employ, pay, and dismiss teachers, to build, repair 
and furnish the necessary school houses, purchase or lease 
sites therefor, or rent suitable school rooms, and make all 
other necessary provisions relative to such schools as they 
may deem proper; and it shall also be the duty of said board 



11 

of education, to exercise all the powers conferred on local di- 
rectors in respect to sub-district schools, whenever such local 
directors shall neglect to discharge their duties in any sub-dis- 
trict as required by this act; and it shall also be the further 
duty of said board to prescribe rules and regulations for the To prescribe 
government of all the common schools within their jurisdiction; ^^^ ^^' 
said board of education may provide for German schools for Mayprovidf 
the instruction of such youth as may desire to study the Ger- for German 

-^ •' •' schools. 

man language, or the German and English languages together, 

and if the board shall deem it necessary, they may appoint -^ appoiM 

one of their number the acting manager of schools for the actmgmana- 

. O'er. 

township, who shall do and perform all such duties as the "^ 

board may prescribe in relation to the management and super- 
vision of the different schools, and the educational interests of 
the township, and may allow him a reasonable compensation 
for his services. 

§ 14. The said board shall prepare, or cause to be prepared. Map of towa- 
a map of their township, as often as they deem necessary, on ^^^ ^ 
which shall be designated the sub-districts of the township, alter sub-dis- 
which they may change or alter at any regular session, and Sub-districts 

the number of scholars assigned to each; but no sub-district not to contain 

. . . Isss than 60 

shall contain within its limits, less than sixty resident scholars scholai-s, es- 

by enumeration, except in cases where in the opinion of Sc?iool in each 
the board it is necessary to reduce the number; and it shall, sub-distnct, 
be the duty of the board to establish a school m each sub-dis- 
trict of the township of such grade as the public good in their 
opinion may require; and in the location of primary schools, 
or schools of higher grade, the board shall have refer^ice to 
population and neighborhood, paying due regard to any school 
house already built, or site procured, as well as to all other 
circumstances proper to be considered so as to promote the 
best interests of schools. 

§ 15. The board shall have power to assign such number of 
scholars to the several primary schools as they may think best, -Assignment of 

, scnoiSirs to 

and when such assignment has been made, shall furnish the tea- higher schools 

cher a list of the scholars so assigned; and the board shall also 

have full power to regulate and control the admission of scholars 

to schools of a higher grade, according to age and attainments, 

and may admit scholars over twenty-one years of age, and 

may suspend, or authorize the local directors to suspend, from scholars may 

the privileges of either of the schools, any pupil found guilty ^ ^^^P^^ ^ • 



< ^. /W Xj 



./yr/ 



12 



Division of 
i^owuship for 
educational 
purposes. 



Scholars mav 
be transferred 
to another 
township. 



Boaj-d to de- 
termine 
studie^jbooks 



Librarian. 



To ?ive bond. 



of disorderly conduct, which suspension shall not extend be- 
yond the current session of the school. 

§ 1 6. Whenever it shall happen that persons are so situated 
as to be better accommodated at the school of an adjoining 
township, or whenever it may be desirable to establish a school 
composed of parts of two or more townships, it shall be the 
duty of the respective boards of the townships in which 
such persons reside, or in which such schools may be sit- 
uated, or of the townships or parts of which the school is 
to be composed, to transfer such persons for educational 
purposes to the township in which such school house is or 
may be located; but the enumeration of scholars shall be 
taken in each township as if no such transfer had been made, 
and such school when so composed, shall be supported from 
the school funds of the respective townships from which the 
scholars may have been transferred; and the board of that 
township in which the school house is situated, shall have 
the control and management of such school, and the board 
of the adjoining township or townships so connected for 
school purposes, shall each make the proper estimates of their 
share of expenses of every kind necessary to sustain said 
school, and certify the same to the auditor of their proper 
county, as part of their annual estimates for school purposes, 
and draw orders on their respective township treasurers for 
such sum as will be in proportion to the enumeration of schol- 
ars so transferred, in favor of the board of that township in 
which such school is located, to be appropriated to the pay- 
ment of teachers, and for other purposes connected with the 
establishment or maintenance of said school as far as applicable. 

§ 17. The said board shall have power to determine the 
studies to be pursued, and the school books to be used in the 
several schools under their control, and shall make and enforce 
such rules and regulations relative to the use and preservation 
of the school libraries and apparatus as they may think advisable, 
and shall appoint, or authorize the local directors to appoint a 
a suitable person to act as librarian and to take charge of the 
school apparatus, resident at some convenient place in the 
neighborhood where the school is kept, and may require such 
librarian to give bond for the faithful discharge of his duties, 
and alow him such compensation as they may think reasonable. 



13 

REPORT REQ,UIRED OF TEACHERS. ^ 

§ 18. It shall be the duty of the school teacher to make What report 
out and file with the township clerk at the expiration of each ^^^ ^ ^^* 
term of the school, a full and complete report of the whole 
number of scholars admitted to the school during such term, 
distinguishing between male and female, the average attend- 
ance, the books used, the branches taught, the number of 
pupils engaged in the study of each of said branches, and such 
other statistics as he may be required to make by the town- 
ship board or local directors, and until such report shall have 
been certified and filed by the said teacher as aforesaid, it shall 
not be lawful for said board or local directors to pay said 
teacher for his or her services. 

STATEMENT REQ,UIRED OF DIRECTORS. 

§ 19. The board of education in each township shall pre- Board of edu 

pare, or cause to be prepared and forwarded to the county cation to i-«- 
, . ^ . . , , „ , . port to audi- 

auditor at the same time when the return or the enumeration tor. 

of scholars is required to be made, a statement exhibiting the 
number of children in the township, between the ages of five 
and twenty-one years, distinguishing between male and female, 
the number of schools, specifying the different grades, the 
number of teachers male and female, the number of children 
male and female who have attended school during the past 
year, the average attendance, the length of the terms of 
schools, compensation of teachers male and female, the num- 
ber and condition of the school houses and furniture and the 
estimated value thereof; the number and condition of the 
books in the school libraries; the number of libraries; the kind 
of school books used in the schools; the number and value of 
school apparatus, and a full account of the expenditures for 
school purposes, together with such other statistic^' and infor- 
mation in relation to schools, as the state commissioner of 
schools may require. 

CENTRAL OR HIGH SCHOOLS. 

§ 20. Each township board of education shall have power, ^stabli h - 
as hereinafter provided, to establish in their respective town- mentof, and 
ships such number of graded schools, or such modifications of o/cSldrerSi. 



14 

them, as the public interests may require; and in case of the 
establishment of such graded schools, it shall be the duty of 
the board so to classify the children of the township as to se- 
cure to all as far as practicable an equitable participation in 
the advantages thereof; and the board shall designate the sub- 
districts by numbering them, and schools of a higher grade 
than primary, shall be known by the appellation of central or 
high schools. 
Vote to beta- § 21. Whenever, in the opinion of the board of education,^ 
ken in estab- [^ g}^a.ll become necesary or desirable to provide one or more 

lisliiEs: such. ,,•,• • 1- 1 

sciiools. such central or high schools m their respective townships, the 

said board shall estimate the probable cost thereof, and call a 
special meeting of the qualified voters of the township and who 
are not residents of any of the territory or districts named in 
the first section of this act, over which the jurisdiction of the 
township and local directors is excluded, at the usual place of 
^\r A ,-, holding elections, first giving twenty days' notice of the time 
notice to be" and obiect of holding such meeting, by posting the same in 
"^ " ' some public place in each of the several sub-districts of the 

township, in which notice the amount or rate of tax as esti- 
mated by the board shall be stated, and the electors, when con- 
vened in pursuance of such notice, shall decide by vote, any 
questions which may be deemed important in relation to the 
cost and location of the building or buildings, or other provi- 
sions necessary for the establishment of any such school, and 
also the amount of township tax which may be levied for the 
,-^r^ . » purpose; and the chairman and clerk of the board shall be the 
meeiing. chairman and clerk of the meeting, and the clerk shall record 

in the records of the board the action of the meeting, and the 
board shall be governed by the direction and vote of said 
meeting in relation to the subjects or matters so submitted. 

ANNUAL ESTIMATES TO BE CERTIEIED BY THE BOAIiD. 

§ 22. It shall be the duty of the board of education in any 
organized township of the State, annually to determine by es- 
timate, as nearly as practicable, the entire amount of money 
necessary to be expended in the township for school purposes 
other than for the payment of teachers, and also such addi- 
tional amount as the board may think necessary, not exceeding 
two mills on the dollar valuation of the taxable property of the 



15 

township, for the exclusive purpose of sustaining teachers in 
the central or high schools, or for the purpose of prolonging, 
after the state funds have been exhausted, the terms of the 
several sub-district or primary schools in the township, or for 
both purposes, as the board may adjudge best, which several ^g^^^^^e^g^ 
amounts of money so estimated, the board shall make known mates on the 
by certificate in writing, on or before the first Monday in June erty of town- 
in each year, including any tax which may have been voted by P° 
a special meeting of electors as provided in the preceding sec- 
tion, to the auditor of the proper county, who shall thereupon 
assess the entire amount of such estimates on all the taxable 
property of the township not included in any city or incorpo- 
rated village or territory annexed thereto forming any special 
district, to be entered by said auditor on the tax duplicate of 
the county, and collected by the county treasurer at the same 
time and in the same manner as state and county taxes are 
collected; and when collected shall be paid over to the trea- Funds to be 
surer of the proper township, on the order of the county audi- fhip treasuxCT 

tor: and said county treasurer shall be entitled to receive for Hispercent- 

ao'e. 
collection, one per cent, on all moneys by him collected for 

school purposes, and no more. 

§ 23. The township board of education shall have power, when tax to 

when in their opinion justice and equity require it, to estimate ^^^^^g^f,^^^'^ ^''^ 

separately the cost of purchasing a school house site and erect- sub-district to 
..-,,, ,, . ,. , , purchase sites 

mg or repau'mg a school house thereon, m any particular sub- and build 

district of the township wherein the inhabitants have noi here- school houses. 
tofore borne a reasonable share of the burden of taxation for 
such purpose in comparison with other sub-districts in the 
township, and certify such portion as they may deem just and 
equitable, of the amount of such estimate to the county audi- 
tor of the proper county, together with a map of the lands and 
names of the tax payers in any such sub-district, which amount 
so certified shall be assessed by the auditor on the property 
therein subject to taxation, and placed on the county duplicate, 
specially, and be collected and paid over in the same manner 
as other school taxes, and be applied for the specific purpose 
of providing a school house in such sub-district. 



16 



DISBURSEMENT OF SCHOOL FUNDS. 



Funds to be 
paid out on or- 
der of clerk, 
except teach- 
ers. 

How teacliers 
paid. 



Disbursement 
of funds. 



To provide for 
seven months 
school in each 
sub-district. 



§ 24. All school funds which may come into the hands of 
the township treasurer, from whatever source, shall be paid 
out only on the order of the clerk of the board of education, 
under the direction of the board: except in paying teachers 
for their services, the said clerk may, on such teachers' pre- 
senting their certificates of qualification, and depositing with 
the clerk true copies thereof, draw the requisite orders on the 
treasurer for such amount as may have been certified to be 
due by any two of the local directors of the proper sub-dis- 
trict in which the teacher was employed; and so much of the 
school moneys coming into the hands of the treasurer, as may 
be derived from the state tax, or from any township tax levied 
for the continuation of schools after the state fund has been 
exhausted, shall be applicable only to the payment of teachers 
in the proper township, and shall be drawn for no other pur- 
pose whatever; and all school funds made applicable to the 
payment of teachers only, shall be distributed to the several 
sub-districts and fractional parts thereof, in the township, in 
proportion to the enumeration of scholars, with the exception 
of so much of the township tax as may have been levied and 
reserved by the board for sustaining teachers in the central or 
or hio-h schools: and such school funds as arise from the sale or 
rents of section sixteen, or other lands in lieu thereof, shall be 
distributed to the localities to which such funds belong. Ail 
other school funds of the township, not raised for the central 
or high schools, nor made applicable to the payment of teach- 
ers, as aforesaid, shall be applied, under the direction of the 
board, in repairing, building or furnishing school houses, in 
procuring school house sites, and in making such other provi- 
sions for schools in the sub-districts of the proper township, as 
may in the opinion of the board be necessary; and each town- 
ship board shall make the necessary provisions for continuing 
the schools in operation in their respective townships for at 
least seven months in each year. 



DIVISION OF DUTIES AND LIABILITY OF CLERK. 



Duties of 
clerk, &c. 



§ 25. The clerk of the board of education, or any one more 
of the board designated for that purpose, or the acting mana- 



17 

ger of schools of the township, may do and perform all such 
duties and services connected with the interests of schools as 
the board may direct, and report the same to the board for 
their action and approval; and it shall be the duty of the clerk 
of the board to keep a full record thereof in connection with 
the records of the other official proceedings of the board, and in 
case of failure to keep such record or other records required 
by this act, the clerk of the board shall be liable in a civil ac- 
tion for all loss or damages that may ensue to any person or 
persons or to the school district, in the name of such person or 
persons, or board of school directors, as the case may be, and 
shall moreover be liable on complaint filed in the name of the 
State of Ohio, before any justice of the peace or other court 
having jurisdiction, to a fine not exceeding one hundred dol- 
lars, which, when collected, shall be paid over to the treasurer 
of the proper township for the benefit of schools. 

SETTLEMENT WITH TREASURER. 

§26. It shall be the duty of the board of education to make Board to set- 
settlement with the township treasurer at their regular session shiptreasum- 
in April annually; but if for want of time or other reason a set- 
tlement cannot be made at said session, then it shall be the duty 
of the board to appoint a committee composed of one or more 
of their own members to make such settlement as soon as 
practicable, and report the result to the clerk of the board, who 
shall record an abstract thereof in the records of the board. 

• TREASURER, AND HIS DUTIES. 

§ 27. The township treasurer in each township shall be the Duties of 
treasurer of all school funds for school purposes belonging to guTer— togiVe 
the township, arisina; from whatever sources, and on his elec- bond— itscon- 

^ . . dition, <EC. 

tion, and before entering upon the duties of his office, he shall 
give bond with sufficient security in double the probable 
amount of money that shall come into his hands, payable to the 
State of Ohio, to be approved by the trustees of the township, 
conditioned for the faithful disbursement according to law of 
all such funds as shall from time to time come into his hands, 
and on the forfeiture of such bond it shall be the duty of the 
township clerk to prosecute and collect the same for the use When town- 
of the schools in the township; if such township clerk shall prosecute,^ 



18 



Certificate to 
be furnished 
auditor. 



Settlement of 
auditor and 
treasurer. 



Auditor's cer- 
tificate. 



Treasurer to 
deliver over 
books, papers, 
&c. 



Treasurer's 
receipt, <kc. 



Penalty a- 
gainst toAvn- 
ship treasurer. 



neglect or refuse so to prosecute, then any freeholder may 
cause such prosecution to be instituted. 

§ 28. Before the county auditor shall issue to the township 
treasurer any order on the county treasurer for the payment 
of any school funds belonging to the township, such township 
treasurer shall furnish the auditor with a certificate from the 
township clerk, that such treasurer has executed and filed with 
him a bond, as provided for in the foregoing section, and also 
stating the amount of said bond, and the auditor shall in no 
case permit the township treasurer to have in his hands at any 
one time an amount of school funds over one-half the amount 
of the penalty in such bond; and the township trustees shall 
allow the township treasurer a compensation equal to one per 
cent, on all school funds disbursed by him, to be paid on the 
order of the trustees out of the township treasury. 

§ 29. Tne township treasurer shall annually between the 
first and twentieth of February, settle with the county auditor 
and account to him for all moneys received, from whom and on 
what account, and the amount paid out for school purposes in 
his township; the auditor shall examine the vouchers for such 
payments, and if satisfied with the correctness thereof, shall 
certify the same, which certificate shall be prima facie a dis- 
charge of such treasurer; and at the expiration of his term of 
service, said treasurer shall deliver over to his successor in 
office, all books and papers with all moneys or other property 
in his hands belonging to said township, or the schools therein, 
and also all orders he may have redeemed since his last annual 
settlement with the county auditor, and take the receipt of his 
successor therefor, which he shall deposit with the township 
clerk within ten days thereafter, and for making such annual 
settlement he shall be entitled to receive the sum of one dol- 
lar, to be paid out of the county treasury on the order of the 
county auditor. 

§ 30. In case the township treasurer shall fail to make such 
annual settlement within the time, as prescribed in the prece- 
ding section, he shall be liable to pay a fine of fifty dollars, to 
be recovered in a civil action in the name of the State of Ohio, 
and when collected, to be applied to the use of common schools 
in the proper township; and it is hereby made the duty of the 
county auditor to proceed forthwith in case of such failure by 
suit against such treasurer, before any justice of the peace of 



19 

his county, to recover the penalty aforesaid; but when it shall 
appear on trial to the satisfaction of said justice, that said treas- 
urer was prevented from making such settlement within the 
time prescribed, by sickness, or unavoidable absence from 
home, and that such settlement has since been actually made, 
it shall be lawful for the justice to discharge such treasurer on 
payment of costs. 

SCHOOLS FOR COLORED CHILDREN. 

§ 31. The township boards of education in this State, in Schools for 

' ^ ^ ' colored clail- 

their respective townships, and the several other boards of dren. 
education, and the trustees, visitors, and directors of schools, 
or other officers having authority in the premises, of each city 
or incorporated village, shall be, and they are hereby authori- 
zed and required to establish within their respective jurisdic- 
tions, one or more separate schools for colored children, when 
the whole number by enumeration exceeds thirty, so as to afford 
them, as far as practicable under all the circumstances, the ad- 
vantages and privileges of a common school education; and all 
such schools so established for colored children shall be under 
the control and management of the board of education, or other 
school officers who have in charge the educational interests of 
the other schools; but in case the average number of colored 
children in attendance shall be less than fifteen for any one 
month, it shall be the duty of said board of education, or other 
school officers, to discontinue said school or schools for any 
period not exceeding six months at any one time; and if the 
number of colored children shall be less than fifteen, the direc- 
tors shall reserve the money raised on the number of said col- 
ored children, and the money so reserved shall be appropriated 
for the education of such colored children under the direction 
of the township board. 

OF CITIES AND VILLAGES. 

§ 32. Each city or incorporated villase, including the ter- ^^at cities 

II /• , , , and villages 

ritory annexed to the same for school purposes, not otherwise are school die- 
specially regulated by charter or governed as to schools by 
laws as specified in the sixty-seventh section of this act, and 
which with the territory annexed, contains not less than 
three hundred inhabitants, shall be and hereby is created a sep- 



tricts. 



20 



Power of boai'd 
in c-ities and 

tOTTnS. 



arate school district; and the qualified voters of such city or 
village, with the territory annexed, shall at the same time and 
in the same manner that local directors of the sub-districts of 
the township are elected by the provisions of this act, proceed 
to elect three persons who shall constitute a board of educa- 
tion for such city or village with the territory so annexed, and 
such board shall have the same powers, perform the same du- 
ties, and be subject to the same penalties as township boards 
of education: provided, that by agreement between the board 
of education of the township in which such city or village with 
the territory annexed may be situated, and the board of edu- 
cation of such city or village with the territory annexed, trans- 
fers of territory not within the limits of such corporation may 
be made to or from the districts provided for in this section. 

§ 33. That said board of education in any city or incorpo- 
rated village, shall be authorized, when they think it advisable, 
to divide such city or village into sub-districts; and they may 
establish schools of different grades, and ordain such rules and 
regulations for the government and discipline of such schools 
as they may think conducive to the public good; and it shall 
be lawful for the township board of education in any township 
in which such city or incorporated village is situate, by and 
with the consent of the board of education of any such city or 
incorporated village, to transfer thereto for educational purpo- 
ses the scholars of such parts of their respective townships as 
lie adjacent thereto, and all such transfers shall be controlled, 
and such schools supported in the same manner, and on the 
same principles, as in case of like transfers for the convenience 
of schools where two or more townships adjoin, as provided in 
this act. 

i§ 34. In all such cities or incorporated villages, the clerk 
or recorder of such incorporated body shall be the clerk of the 
board of education, and he shall do and perform all the duties 
required of the clerk of a township board of education, and 
such other duties as the board of education may, from time to 
time, prescribe; and all orders of the board of education for the 
payment of money shall be, countersigned by the clerk or re- 
corder of said corporation and it shall be the duty of the treas- 
Duty of treas- urei of any such city or incorporated village, to receive and 
ZZi"!^ "^^ ""^ disburse the school funds of such city or village, in the same 
manner as is required of the township treasurers in their respec- 



Clerk of tlie 
boaa-d — his 
duties. 



21 

tive townships, and for his services shall be entitled to the same 
compensation; provided, that the board of education shall re- 
quire the treasurer to enter into a bond as required of township To give bond. 
treasurers, and that the said treasurer shall furnish the auditor 
a certificate from the clerk or recorder of such city or incorpo- Clterk or Re- 
rated village, that such treasurer has executed and deposited ^^^p 
such bond, stating also the amount, as is required of township 
treasurers in similar cases. 
§ 35. The board of education of anv city or incorporated Further po^ 

' " '' /■ . ers ot the 

village, shall have and may exercise all the powers which are board, 
by this act conferred upon the township boards of education, 
and shall do and perform the like duties in all respects so far as 
applicable, and the school funds shall be divided among the 
sub-districts so as to make the distribution as nearly equitable 
as possible. All taxes for building, purchasing, repairing or 
furnishing school houses and lots shall be equally assessed on 
all the property subject to taxation in such city or incorpora- 
ted village, and the board of education in expending the same 
shall make the necessary provisions for the sub-districts. 

§ 36. In any district or sub-district composed in whole or Evening 
in part of any city or incorporated village, the board of educa- 
tion may, at their discretion, provide a suitable number of eve- 
ning schools, for the instruction of such youth over twelve 
years of age, as are prevented by their daily avocation from 
attending day schools, subject to such regulations as said board, 
from time to time, may adopt for the government thereof. 

APPORTIONMENT OF SCHOOL FUNDS. 

6 37. The auditor of state shall, annually, apportion the State auditor 

Trf ■ +U to apportion 

common school funds among the diiierent counties, upon tpe funds and cer- 
enumeration and returns made to him by the state commission- J|^J^PP°^' 
er of common schools, and certify the amount so apportioned 
to the county auditor of each county, stating from what sour- 
ces the same is derived, which said sum the several county 
treasurers shall retain in their respective treasuries from the 
state funds; and the county auditors shall, annually, and imme- 
diately after their annual settlement with the county treasurer, 
apportion the school funds for their respective counties, accord- 
ing to the enumeration and returns in their respective offices; 
a«d no township or other district, city or village, which shall 



22 

have failed to make and return such enumeration, shall be enli^ 

tied to receive any portion of the common school funds. And 

County andi- j^ making such distribution, each county auditor shall appor- 

tortomake . , ° n , , i i r i • 

apportion- tion all monevs collected on the tax duplicate oi any township, 
S*!^aid 'l^ow! fo^ t'^e use of schools, to such township; all moneys received 
from the State treasury, on account of interest on the money 
accruing from the sale of section sixteen, or other lands in lieu 
thereof, to the civil townships and parts of civil tov/nships in 
the original surveyed township, or fractional township to which 
such land belongs; all moneys received by the county treasu- 
rer on account of the Virginia Military school fund. United 
States Military District, and Connecticut Western Reserve, 
according to laws regulating the same; and all other moneys 
for the use of schools in the county, and not otherwise appro- 
priated by law, to the proper township; and he shall, immedi- 
ately after making said apportionment, enter the same into a 
book to be kept for that purpose, and shall furnish the town- 
ship treasurers and towmship clerks, treasurers and recorders 
of incorporated cities or villages, as the case may be, each with 
a copy of said apportionment, and give an order on the county 
treasurer to each township taeasurer or to such treasurer as 
may be entitled to receive the same, for the amount of money 
belonging to his respective township, city or village, and take 
a receipt from such treasurer for the amount thus received; 
and the said county auditor shall collect, or cause to be collect- 
ed, the fines and all other moneys for school purposes, in his 
county, and pay the same over to the county treasurer; and he 
shall inspect all accounts of interest for section sixteen, or 
other school lands, whether the interest is paid by the State or 
by the debtors, and take all the proper measures to secure to 
each tow-nship its full amount of school funds. 
Where part of § 38. When any original surveyed township in which sec- 
in^two 001111^- tion sixteen has been sold, shall lie in two or more counties, 
t^e»- the auditors of the respective counties shall certify to the au- 

ditor of the county in which that portion of said township lies 
containing said section sixteen, the enumeration of the scholars 
in that part of said township embraced within their respective 
counties; and the auditor of said county in which said section 
sixteen is situate shall apportion the fund derived from said 
. section sixteen to the different portions of said township a 
cording to said enumeration, and shall certify to the auditors 



23 

the other counties the amount belonging to the parts of said 
township situate in their respective counties, and draw an 
order in favor of the treasurers of the other counties on the 
treasurer of his own county for the amount going to each; and 
the auditors of the respective counties shall apportion the 
same, in their respective counties, to such portions or parts 
thereof as may be entitled thereto. 

§ 39. The interest on the purchase of any such section Interest on 
sixteen belonging to any such original surveyed township, so 
as aforesaid lying in two or more counties, shall be paid over 
on the order of the auditor of that county in which such sec- 
tion sixteen is embraced, to the treasurer of the same county, 
to be apportioned as is pointed out in the preceding section. 

RETURN OF ABSTRACT TO STATE COMMISSIONER. 

§ 40. The auditor of each and every county shall, on or Dutyofcoun- 
before the twentieth day of December, annually, make out {Jretifrnrof^ 
and transmit to the commissioner of common schools, at Co- State Com- 
Sumbus, an abstract of all the returns of school statistics made &c. 
to him from the several townships in his county, according to 
the form that may be prescribed by the State Commissioner; 
and he shall cause to be distributed all such circulars, blanks, 
and other papers, including school laws and documents, in the 
several townships in the county, as said commissioners shall 
lawfully require. In case the county auditor shall fail, from Penalty 
any cause, to make return of the abstract as aforesaid, it shall tv a^uditor""" 
be the duty of the county commissioners to deduct for every 
such failure, from the annual salary or allowance made to the 
auditor for his services, the sum of fifty dollars, 

§ 41. The county commissioners of each county in this Compensation 
State shall make the same allowance to the county auditors, ^itor^'^ '^ ^^' 
out of their respective county treasuries, for services perform- 
ed and expenses incurred under this act, as is allowed for other 
services of like nature. 

§ 42. The township clerks and county auditors shall be re- Liability of 
sponsible for all losses sustained by any township or county, count^^^^audft- 
by reason of any failure on their respective parts to make and or for loss. 
return the enumerations and abstracts thereof as herein pro- 
vided, and shall each be liable for the same, in a civil action, 
t the suit of the State of Ohio; and the amounts so recovered 



i 



\\Tiat school 
property ex- 
empt from 
execution. 



24 

shall be apportioned in the same manner as the school funds 
would have been to the respective counties or townships, as 
the case may be. 

SCHOOL HOUSES EXEMPT FROM SALE ON EXECUTION. 

§ 43. Each and every lot or parcel of land which hereto- 
fore has been, or hereafter shall be appropriated for the use of 
common schools in this State, on which there has been or shall 
be a school house erected, and which has been or shall be oc- 
cupied for the purpose of accommodating a common school of 
whatever grade, in the usual manner, from time to time, how- 
soever or by whomsoever the legal title to the same may be 
held and vested, shall be and the same is hereby exempted 
from sale, on any execution, or other writ, or order in the na- 
ture of an execution: Provided that the lot of land so ex- 
empted, shall not exceed four acres, and if there be any ex- 
cess, that portion most convenient for school purposes shall 
remain exempt as aforesaid, to be determined by the proper 
school directors, or other ofiicers having charge of schools. 



Probate judge 
to appoint 
board of ex- 



Po'wers and 
duties of 
board. 



ZSTotice of 
meetings. 



To grant cer- 
tificates to 
teachers. 



APPOINTMENT OF SCHOOL EXAMINERS AND THEIR DUTIES. 

§ 44. It shall be the duty of the probate judge in the seve- 
ral counties of this State, as soon after the election of school 
officers under the provisions of this act as practicable, to ap- 
point a county board of school examiners, to consist of three 
competent persons, resident in the county, who shall hold their 
office for the term of two years, and until their successors are 
appointed; and all vacancies in said board which may thereaf- 
ter occur, whether from expiration of the term of office, re- 
fusal to serve, or otherwise, shall be filled by like appointment 
by said judge. 

§ 45. It shall be the duty of the examiners to fix upon the 
time of holding meetings for the examination of teachers, in 
such places in their respective counties as will, in their opin- 
ion, best accommodate the greatest number of candidates for 
examination; notice of all such meetings having been pub- 
lished in some newspaper of general circulation in their res- 
pective counties; and at such. meetings, any two of said board 
shall be competent to examine applicants and grant certifi-. 
cates; but no fee or charge shall be made for a certificate 



25 

No certificate of qualification shall be valid in any county ex- 
cept that in which the examination took place, nor for a longer 
period than two years; and if at any^'time the recipient of the 
certificate shall be found incompetent or negligent, the exam- 
iners, or any two of them, may revoke the same, and require May revoke 
such teacher to be dismissed; but such teachers shall be enti- ^ ^™^^" 
tied to receive payment for services only up to the time 
of such dismissal; and no person shall be employed as a teach- 
er in any primary common school, unless such person shall 
have first obtained from said examiners, or any two of them, 
a certificate of good moral character, and that he or she is 
qualified to teach orthography, reading, writing, arithmetic, 
geography, and English grammar; and in case such person in- 
tends to teach in any common school of higher grade, he or she 
shall first obtain a certificate of the requisite qualifications in 
addition to the branches aforesaid. 

§ 46. The said board of examiners shall appoint one of clerk of 
their number to serve as clerk, who shall keep a record of °^^ • 
their proceedings, noting the number and date of each certifi- 
cate given, to whom, for what term of time, and for what 
branches of studies; and the said board may make all needful 
rules and regulations for the proper discharge of their duties. Rules of 
The members of the board shall be entitled to receive each ^q^^^' ^^"^ 
one dollar and fifty cents for every day necessarily engaged in 
official service, to be paid out of the county treasury, on the 
order of the county auditor, exclusive of blank books and sta- and stafao©e- 
tionery which the county auditor shall furnish; and the county ^^' 
auditor may require the accounts, when presented, to be sub- 
stantiated on oath, which said auditor may administer and file 
in his office. 



STATE COMMISSIONER. 

§ 47. There shall be elected by the qualified electors of -when 

missioi 
elected. 



this State, at the next annual election for State and county missioner 



officers, and every three years thereafter, a State commission- 
er of common schools, who shall hold his office for the term of Term of office, 
three years and until his successor is elected and qualified. 
The election of said commissioner, and the returns thereof, 
shall be the same, in all respects, as is provided for the election 
" judges of the supreme court; and in case a vacancy shall Jacaacy,liow 



26 



His official 
bond, 



and oatli. 



Office, (fee, at 
seat of gov- 
ernment. 



His secretary. 



His duties in 
visiting the 
several judi- 
cial distiicts, 



and in pur- 
chasing boobs 
and appara- 
tus. 



Hi8 supervi- 
sion over 
school funds. 



happen in said office, by death, resignation, or otherwise, the 
Governor shall fill the same by appointment, for the unexpired 
term. 

§ 48. Before entering upon the discharge of his official du- 
ties, the said commissioner shall give bond, m the penal sum of 
ten thousand dollars, to the State of Ohio, with two or more 
sureties, to the acceptance of the Secretary of State, condi- 
tioned that he will truly account for and apply all moneys or 
other property which may come into his hands in his official 
capacity, for the use and benefit of common schools, and that 
he will faithfully perform the duties enjoined upon him accord- 
ing to law; and he shall also take and subscribe an oath or af- 
firmation to support the Constitution of the United States and 
of the State of Ohio, and diligently and faithfully to discbarge 
the duties of his office as prescribed by law, which bond, with 
the certificate of his oath endorsed thereon, shall be filed with 
the Treasurer of State. 

§ 49. The books and papers of his department shall be 
kept at the seat of government, where a suitable office shall 
be furnished by the State, at which he shall give attendance 
when not absent on public business; and the State Librarian 
shall, in addition to the duties of his office, discharge the duties 
of secretary to the commissioner of common schools, under his 
direction. 

§ 50. It shall be the duty of the commissioner to spend, 
annually, on an average, at least ten days in each judicial dis- 
trict of the State, superintending and encouraging teachers' 
institutes, conferring with township boards of education or 
other school officers, counseling teachers, visiting schools, and 
delivering lectures on topics calculated to subserve the inter- 
ests of popular education. 

§ 51. As soon OS the revenues, to be raised as hereinafter 
provided, for the purpose of furnishing the common schools 
with libraries and apparatus, wnll admit, it shall be the duty of 
the said commissioner, to purchase the same, and the books and 
apparatus so purchased shall be distributed through the audi- 
tor's office of each county to the board of education in each 
township, city or incorporated village, according to the enu- 
meration of scholars. 

§ 52. He shall also exercise such supervision over the edit 
cational funds of the State as may be nesessarj'' to secure thA 



safety and right application, and distribution according to 
law. He shall have power to require of county auditors, May require 
township boards of education, or other local school officers, certain offi- 
clerks and treasurers of townships, county treasurers and ^'^^^• 
clerks, recorders and treasurers of cities and villages, copies 
of all reports by them required to be made, and all such other 
information in relation to the funds and condition of schools, 
and the management thereof, as he may deem important. 

§ 53. He shall prescribe suitable forms and regulations for To prepare 

% . 11 11-11 T forms, (fee. 

makmg all reports and conductmg all necessary proceedmgs 

under this act, and shall cause the same, with such instructions 

as he shall deem necessary and proper for the organization and 

government of schools, to be transmitted to the local school 

officers, who shall be governed in accordance therewith. 

■ 6 54. He shall cause as many copies of the laws relating I^.^^ties as to 

,,..., , , „ distribution of 

to schools and teachers' mstitutes, with an appendix of appro- school laws 
priate forms and instructions for carrying into execution all 
such laws, to be printed in a separate volume, and distributed 
to each county with the laws, journals and other documents 
for the use of the school officers therein as often after the first 
distribution as any change in said laws may be made of suffi- 
cient importance in the opinion of the commissioner to re- 
quire a republication and distribution thereof. 

§ 55. It shall be the duty of said commissioner of common His annual 
schools to make an annual report, on or before the twentieth ^*^P*'^ ' 
day of January in each and every year, to the General Assem- 
bly, when the body shall be in session any such year; and when 
not in session in any one year, then the said report shall be 
made to the Governor, who shall cause the same to be pub- 
lished, and shall also communicate a copy thereof to the next 
General Assembly. * 

§ 56. The State Commissioner, in the annual report of his What it shall 
labors and observations, shall present a statement of the con- P^*^®^^^^- 
dition and amount of all funds and property appropriated to 
purposes of education; a statement of the number of common 
schools in the State, the number of scholars attending such 
schools, their sex, and the branches taught; a statement of the 
number of private or select schools in the State, so far as the 
same can be ascertained, and the number of scholars attending 

Such schools, their sex, and the branches taught; a statement of 
lie number of teachers' institutes, and the number of teach- 



28 



Salaiy of com- 
missioner. 



ers attending them; a statement of the estimates and accounts 
of the expenditures of the public school funds of every des- 
cription; a statement of plans for the management and im- 
provement of common schools, and such other information re- 
lative to the educational interests of the State as he may 
think of importance. 

§ 57. The said commissioner shall be entitled to receive 
for his services the sum of fifteen hundred dollars cinnually, 
payable quarterly, out of the State treasury, on the warrant 
of the Auditor of State. 



SCHOOL LIBRARIES. 



One tentli of a 
mill to be as- 
sassed for li- 
braries ; 



w"hich is to be 
paid to State 
Ti-easurer. 



Distribution 
of books and 
apparatus. 



§ 58. For the purpose of furnishing school libraries and ap- 
paratus, to all the common schools in the State, and for the fur- 
ther purpose of sustaining and increasing such libraries, and 
keeping up a supply of school apparatus in the schools, as 
aforesaid, from time to time, as may be considered necessary, 
in order to atford equal facilities to the said schools in this re- 
spect, as nearly as practicable, there shall hereafter be assess- 
ed, collected, and paid annually, in the same manner as the 
State and county revenues are assessed, collected and paid on 
the grand list of property taxable for State purposes, a State 
tax of one tenth of one mill on the dollar valuation, to be ap- 
plied exclusively for the purposes aforesaid, and the attendant 
expenses, under the direction of the commissioner of common 
schools. In purchasing the libraries for the common schools, 
no books of a sectarian or denominational character shall be 
purchased for said libraries. 

§ 59. The amount of said tax, when collected, shall be 
paid over by the county treasurers to the State Treasurer, at 
the time of making their annual settlement, and shall be paid 
out by that officer, for the purposes aforesaid, upon the war- 
rant of the State Auditor. 

§ 60. It shall be the duty of the county auditor, when the 
said libraries or apparatus shall be received, to distribute the 
same to the clerks of the township boards of education, or 
other local school officers, in their respective counties, hav- 
ing in charge the interests of common schools; and the books 
and apparatus, so furnished, shall be deemed the property^ 
of said several boards, or local school officers, to whom th 



% 



29 

same may have been delivered, and shall not be subject to ex- 
ecution, sale or alienation, for any cause whatever. 

6 61. The local boards of education, or other school offi- Who account- 

y ui. j-n^ able for same. 

cers having charge of common schools shall be held accounta- 
ble for the preservation of said libraries and apparatus; and 
they shall have power to prescribe the time of taking and the 
periods of returning the books belonging to the libraries, and 
also to assess and collect the damages which may be done to the 
books by persons entitled to their use; and also to provide for , 
the safe-keeking of the school apparatus. 

§ 62. It shall be the duty of the local school boards, or ^^^^^ ^'J^^P; 
other school officers having charge of schools, to appoint the riaa, &c. 
librarians and determine the places where the libraries shall 
be deposited, selecting such central points as will best accom- 
modate the schools and families of the districts or sub-dis- 
tricts, as hereinbefore provided; and every family in each dis- 
trict or sub-district shall be entitled to the use of one volume Families enti- 

, ~ , tied to books. 

at a time from the school library, although no member ot such 

family attends any of the schools of the township; and the 
library shall be open, under the inspection of the librarian, 
at stated periods throughout the year, to be prescribed by the 
board of education, or other proper school officers, without re- 
gard to the sessions of the schools. v 

STATE SCHOOL FUND. 

§ 63. For the purpose of affording the advantages of a Two mills on 
free education to all the youth of this State, the state common the dollar to 
school fund shall hereafter consist of such sum as will be pro- for school pur- 
duced by the annual levy and assessment of two mills upon fXcted'and 
the dollar valuation, on the grand list of the taxable property distributed. 
of the State; and there is hereby levied and assessed annually, 
m addition to the revenues required for general purposes, the 
said two mills upon the dollar valuation, as aforesaid; and the 
amount so levied and assessed, shall be collected in the same 
manner as other State taxes, and when collected, shall be an- 
nually distributed to the several counties of the State, in pro- 
portion to the enumeration of scholars, and be applied exclu- 
sively to the support of common schools. 



30 



MISCFXLANEOUS PROVISIONS. 

Debts of dis- § 64. The debts which have heretofore been contracted 
provided for. bv any school district for school purposes, shall be provided 
for by the estimates of the proper school boards created under 
the provisions of this act. 
Process § 65. The process, in all suits against any township board 

officers. of education, or other local officers having charge of any of 

the public schools under the provisions of this act, shall be by 
summons, and shall be executed by leaving a copy thereof 
with the clerk or secretary of such board, or other school offi- 
cers, at least ten days bafore the return day thereof. And 
rny suit eiiher in favor of or against any such board, or other 
school officers, shall be prosecuted or defended, as the case 
Duty of prose- may be, by the prosecuting attorney of the proper county, as 

cutina; attor- , /■ ,■ rr- • i ^ .• 

nay. ^ P^^^ 0^ "^^ otficial duties. 

How schools § 66. The local board of education, or other local officers 

der other la^s having charge of schools in any city, township or village, in 

may accept which common schools have been organized under the act for 

this act. . . ... 

the better regulation of public schools in cities, towns, &c., or 
under any special act, shall be, and are hereby authorized, 
whenever they may deem it expedient, to call a meeting of 
the qualified voters of any such cityj township or village, on 
giving thirty days public notice thereof, to determine by vote 
whether the common schools of such city, township or village, 
shall be conducted and managed in accordance with the pro- 
visions of this act; and if a majority of the voters are found 
to be in favor of the change, then said local board, or other 
local school officers, shall thereafter proceed, in accordance 
with the provisions of this act, until their successors shall be 
elected and qualified; and such city or village may provide by 
ordinance for the election or appointment of a board of edu- 
cation, prescribing their number and terms of office; and such 
board, when so elected or appointed and qualified, shall, to- 
gether with the clerk or recorder of such city or village, pos- 
sess the same powers and discharge the same duties, within 
the limits of their jurisdiction, as local directors and boards 
of education in townships. 
Cfertain acts § ^7* This act shall not be so construed as to repea: 

J|°* ?^.P^^^"} change, or modify in any respect, the several provisions of t 



I 



31 

"act for the support and better regulation of common schools 
in the town of Akron," passed February 8, 1847, and the acts 
amendatory thereto; or the " act for the better regulation of 
schools in' cities, towns, &c.," passed February 21, 1849, 
and the acts amendatory thereto, nor the several acts cre- 
ating special school districts, or any other special acts in Effected, and^ 
relation to schools, except that it is hereby made the duty liow. 
of the several boards of education, or other school officers 
acting under the provisions of any of the acts to which 
reference has been made in this section, to make similar re- 
ports of school statistics annually, as required of school offi- 
cers by this act; nor shall it be lawful for any county treasu- 
rer to pay over any portion of the school fund to any local 
treasurer, board of education, or other school officers of any 
city, township, or village, organized as to schools either under 
a general or a special law, except on the order of the auditor 
of the proper county; and no such order shall be drawn by 
the county auditor, unless the local treasurer, clerk, recorder, 
or secretary of such board, or other school officers, shall first 
deposit with said auditor annually, an abstract of the enume- 
ration of scholars and other statistics relative to the schools 
under their charge, as required by this act, of teachers, local 
directors, and boards of education in townships. 

6 68. The respective township boards of education, and Power of 

/^ 1 11 1 1 1111- board to hold 

their successors m office, shall have power to take and hold m real estate. 
trust, for the use and benefit of any central or high school, 
or sub-district school in the township, any grant or devise of 
land, and any donation or bequest of money or other personal 
property, to be applied by the board to the maintenance and 
support of any such school or schools, according to the inten- 
tion of the grant or donation. 

ACTS REPEALED. 

§ 69. That an "act for the support and better regulation of Repealing 
common schools, and to create permanently the office of su- 
perintendent," passed March seventh, one thousand eight hun- 
dred and thirty-eight; an act to amend an act entitled " an act 
for the support and better regulation of common schools, and 
^o create permanently the office of superintendent," passed 
^arch sixteenth, one thousand eight hundred and thirty-nine; 



32 

an "act to abolish the office of superintendent of common 
common schools," passed March twenty-third, one thousand 
eight hundred and forty ; an act to amend the act entitled " an 
act for the support and better regulation of common schools, 
and to create permanently the office of superintendent," of 
March seventh, one thousand eight hundred and thirty-eight, 
and the act amendatory thereto, passed March twenty-ninth, 
one thousand eight hundred and forty-one; an act to amend 
the act entitled " an act for the support and better regulation of 
common schools, and to create permanently the office of su- 
perintendent," passed March seventh, one thousand eight hun- 
dred and forty-two; an act further to amend the act entitled "an 
act for the support and better regulation of common schools, 
and to create permanently the office of superintendent," passed 
March eleventh, one thousand eight hundred and forty-three; 
an act to amend the act entitled " an act for the support and 
better regulation of common schools, and to create permanent- 
ly the ofSce of superintendent," passed March twelfth, one 
thousand eight hundred and forty-four; an "act to amend the 
sixth section of an act for the support and better regulation of 
common schools, and to create permanently the office of su- 
perintendent," passed March twelfth, one thousand eight hun- 
dred and forty-five; an act to amend the act entitled "an act to 
amend an act for the support and better regulation of common 
schools, and to create permanently the office of superintendent," 
passed March twelfth, one thousand eight hundred and forty- 
five; "an act authorizing school directors to establish libraries 
for the use of common schools," passed February twenty^ighth, 
one thousand eight hundred and forty-six; an act to amend an 
act, passed March eleventh, one thousand eight hundred and 
forty-three, entitled "an act further to amend the act entitled 'an 
act for the support and better regulation of common schools 
and to create permanently the office of superintendent,'" passed 
March second, one thousand eight hundred and forty-six; " an 
act to provide for the appointment of county superintendents 
of common schools, and definmg their duties in certain coun- 
ties therein named," passed February eighth, one thousand 
eight hundred and forty seven; an act further to amend the act 
entitled " an act to amend an act entitled ' an act for the support 
and better regulation of common schools and to create permA 
nently the office of superintendent,' " passed February eigh^ 



33 

one thousand eight hundred and forty-seven; an act to amend 
an act entitled " an act for the support and better regulation of 
common schools, and to create permanently the office of su- 
perintendent," passed March seventh, one thousand eight hun- 
dred thirty-eight, and the acts amendatory thereto, passed Feb- 
ruary twenty-fourth, one thousand eight hundred and forty- 
eight; " an act* to secure the returns of the statistics of common 
schools," passed January twenty-first, one thousand eight hun- 
dred and forty-eight; an act to provide for the establishment 
of common schools for the education of the children of black 
and mulatto persons, and to amend the act entitled "an act for 
the support and better regulation of common schools, and to 
create permanently the office of superintendent," passed March 
seventh, one thousand eight hundred and thirty eight, and the 
acts amendatory thereto, passed February twenty-fourth, one 
thousand eight hundred and forty-eight; an act to amend the 
act entitled "an act for the support and better regulation of 
common schools, and to create permanently the office of su- 
perintendent," passed March seventh, one thousand eight hun- 
dred and thirty-eight, and the acts amendatory thereto, passed- 
February twenty-fourth, one thousand eight hundred and forty- 
eight; an act to amend the eighteenth section of the school 
law of March seventh, one thousand eight hundred and thirty- 
eight, passed February fourteenth, one thousand eight hun- 
dred and forty-eight; " an act to authorize the establishment of 
separate schools for the education of colored children, and for 
other purposes," passed February tenth, one thousand eight 
hundred and forty-nine; an act to amend an act, passed Feb- 
ruary twenty-fourth, one thousand eight hundred and forty- 
eight, entitled "an act to amend the act entitled an act for the 
support and better regulation of common schools, and to create 
permanently the office of superintendent," passed March sev- 
enth, one thousand eight hundred thirty-eight, and the acts 
amendatory thereto, passed March sixth, one thousand eight 
hundred and forty-nine; an act to amend an act entitled " an act 
for the support and better regulation of common schools, and 
to create permanently the office of superintendent," passed 
March twelfth, one thousand eight hundred and forty-nine; an 
act to amend an' act entitled "an act for the support and better 
^bulation of common schools, and to create permanently the 

# 



Liabilities in- 
curred and 
rights acquii'- 
ed, not af- 
fected. 



34 

office of superintendent," passed March seventh, one thousand 
eight hundred and thirty-eight, and the acts amendatory there- 
to, passed March twenty-fourth, one thousand eight hundred 
and forty-nine; an act in relation to school district tax, provid- 
ing for the annual school district meetings, and requiring maps 
of school districts, passed March seventh, one thousand eight 
hundred and fifty; an act for the appointment of a state board 
of public instruction, passed March twenty-second, one thou- 
sand eight hundred and fifty; an act supplementary to the act 
for the appointment of a state board of public instruction, 
passed March twenty-third, one thousand eight, hundred and 
fifty; an " act providing for school districts, and school district 
meetings, prescribing the duties of district officers and clerks 
and treasurers of townships, and increasing the state and coun- 
ty common school funds," passed March twentj^-fourth, one 
thousand eight hundred and fifty-one, — be and the same are 
hereby repealed; provided that the obligations or liabilities in- 
curred, and the rights acquired under the provisions of any of 
the acts hereby repealed, shall remain, and be in no wise 
altered or affected, but may be enforced as if this act had not 
been passed; and the school officers in the several school dis- 
tricts of the State, as now organized, shall hold their respec- 
tive offices, and perform their repective duties, until the local 
directors herein provided for, shall have been elected and 
qualified. 

JAMES C. JOHNSON, 
Speaker of the House of Representatives. 
GEORGE REX, 
President of the Senate pro tempore. 
March 14, 1853. 



i 



FOR 



MINUTES OF SUB-DISTRICT ELECTION. 

Sub-District, No. — , 
Township, County, Ohio. 



At a meeting of the qualified voters of said sub-district, ■ 

was appointed Chairman, and Secretary. 

Whereupon, said voters proceeded to elect by ballot one director for 
said sub-district, for the term of one year, and upon inspection of the 
several ballots given at said election, it was found and publicly declared, 
that was duly elected. 

Secretary. Chairman. 



NOTICE OF SUB-DISTRICT MEETING. 

*Notice is hereby given to the qualified voters of sub-district number 

, township, county, Ohio, that the next annual 

election for director in said sub-district, will be held at the school-house 

in said sub-district, at o'clock, A.M., of the day of ^, 185 — . 

By order of the Directors, 

, Clerk. 

*]SroTi:. — Tills notice may be varied to serve for a special meeting under Sec. 4, by omitting 
the conclusion. 



% 



OATH OF DIRECTOR. 

n the day of , 185 — ■, personally appeared . 

I then, and there administered to him the following oath {or affirm- 



36 

You, , do solemnly swear {or affirm) that you will support 

the constitution of the United States, and the constitution of the State 
of Ohio, and that you will faithfully and impartially discharge the duties 

of director, in and for said sub-district, number , to^vnship, 

count}', Ohio, according to law, and the best of your abilities. 



Director in said Sub-district. 



APPOINT^IENT OF DIRECTOR BY TOWNSHIP CLERK. 

Whereas, , one of the directors in sub-district, number 

, township, count}', Ohio, has resigned, {died, 

or refused to serve, <^-c., as the case may be.) 

Therefore, I do appoint director in said sub-district, to 

fill the unexpired term of said , that is to say, one year 

trom the second Monday of April, 185 — . 

Township Clerk of said Township. 



■ SUB-DISTRICT i^IEETING— APPOINTMENT OF CLERK, &c. 

The directors of sub-district No. , township, count}', 

Ohio, this day met, and were legally quahfied as directors. 

Whereupon was appointed clerk of said district. 

®n motion, it was Resolved, &c. , Clerk. 



FORM OF AGREEMENT BETWEEN DIRECTOR AND TEACHER. 

This memorandum of agreement made the day of , 

eighteen hundred and fift}^ , between a school teacher of 

the one part, and , and as directors of 

sub-district number , township, — county, Ohio, of 

the other part ; 

WriNESSETH, That said agrees to teach the pubhc shool of saidj 

s-ab-disti'ict for the term of , commencing on the da 

, eighteen hundred and fifty , for the sum of ^i 



said. 



37 

, and that for said services properly rendered, said ■ and 

-'as directors as aforesaid, are then and there to certify in favor of 

said for the amount of v\^ages due him, as ascertained by this arti- 
cle of agreement. 
Witness our hands. 



Local Directors. 



TEACHER'S CERTIFICATE FOR PAY. 

■ To the Clerk of ■ Township, County, Ohio: 

This is to certify, that , under a contract duly made and 

entered into, taught a common school in district number , of said 

township, from the day of , 185~, to the day of 

, 185 — , in all days, at 

per month ; and that there is due to him for said service, the sum of 



-, 185—. ,) 

,> Local Directo?'s. 



ORDER ON TOWNSHIP TREASURER FOR TEACHERS' PAY. 

$ . No. . 

To the Treasiu^er of Township, County, Ohio: 

Pay dollars for services as 

teacher in sub-district No. , of said tow^nship, frora ^ 

185 — , to , 185 — , in all days, 

at per month. 

, 185 — . , Toivnship Clerk. 



38 



DISMISSAL OF TEACHER. 

Whereas, It has been represented to us that , who has been 

employed, and is now engaged in teaching a school in sub-district No. 

, township, county, is negligent, {or here 

insert any other sufficient cause) as such teacher* And, whereas, we 
have become satisfied of the truth of said representation: or 

Whereas, We have been required by the Board of Examinei's, of 

count}', to dismiss , now engaged as a teacher in sub- 

distiict No. , township, and county aforesaid, for the 

following causes : 

{Here set forth the causes.) 

Therefore, said is hereby dismissed as teacher as afore- 
said. Witness our hands , 185 — . 



Local Directors. 



VISIT TO SCHOOL. 



185—. 



This day the undersigned, Local Duectors in district No. , 

townsliip, county, Ohio, in company with ■ and 

, who were invited for the pm*pose, visited the school in 

said sub-district, taught by , and the following was the 

result of the examination and visit : 

They found, &c. {Here set forth the opinion as to the vianagement of 

the schools, <^-c.) ,) 

,> Local Directors. 

5 . 



39 



CONTRACTS. 

This memorandum of an agreement made this day of 

eighteen hmidred and fifty , between 

and , and — , as directors of sub- 



of the one part, 



district number — 
nesseth, That said 



township, 



county, Ohio, wit- 



agrees to deliver at the school-house in 

said sub-district, on or before the day of next, 

bushels of coal of a good quality, at cents per bushel. And said 

■ , • and , as trustees as aforesaid, are then and there 

to certify in favor of said , for the sum due for said fuel. 



Witness our hands, &c.. 



-,> Local Directors. 



JToTE. — ^If not too lengthy, copies sliould be furnished to the Board of Education, as all 
contracts must be reported. 



ENUMERATION 1. 

Enumeration of youth between the ages of Jive and twenty-one years, ixsiding in 
sub-district number , , tonmship, the , 185 — . 



IfAMES OF Parents oe, 
Guardians. 


!N"ames of Children. 


Males. 


Females 


Total 

jstumber. 


j!^o. of8ec. 

IN WHICH 

Youth 
Reside. 




White Youth. 





























































Colored Youth. 
















































We hereby certify the above to be a correct list of the white and 

colored youth in sub-district number , township, 

county, for the year 185 — , — — 



-,> Local Director. 



185- 



40 



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42 



FORM OF DEED. 

This Indextuee, made the day of one tliousand eight hun- 
dred and fifty , between and his wife, of the 

county of , in the State of Ohio, parties of the first part and 

as Township Board of Education of the township 

of , count}' and State aforesaid, party of the second part wit- 

nesseth, That the said parties of the first part, in consideration of 

— '■ to them duly paid before the dehvery hereof have bargained 



and sold, a.nd by these presents do grant and convey to the said party of 
the second part, its successors and assigns forever, {here describe the prem- 
ises) with the appurtenances, and all the estate, title and interest of the 
said parties of the first part therein. And the said parties of the first 
part do hereby covenant and agree with the said party of the second 
part, that at the time of the delivery hereof, the said parties of the first 
part were the lawful ow^ners of the premises above granted, and seized 
thereof, in fee simple absolute, and that they will warrant and defend 
the above granted premises, in the quiet and peaceful possession of the 
said part}^ of the second part and its successors and assigns forever. 

In icitness ichereof, The said parties of the first part have hereunto set 
their hands and seals, the day and year first above v/ritten. 

Sealed and declared in presence of [seal.] 

[seal.] 

The State of Ohio, County. 

Personally appeared before me, and , his wife, 

grantors in the above deed, and acknowledged the same to be then' vol- 
untary, act and deed, and the said being at the same time 

examined by me, apart from her said husband, and the contents of the 
above deed made known to her, she there declared that she voluntarily 
signed, sealed and acknowledged the same, and that she is still satisfied 
therewith. 

Witness my hand and seal this day of , A. D., 185 — . 



E"oTE. — Tlie Boai-d sliould carefully investigate tlie title to property before purchasing, and 
no school house should be erected, until a satisfactory title is obtained. The property should 
be declared in the corporate name of the " Township Board of Education," and not in the 
ni Q e. directors. 



FORM OF LEASE. 

This Indenture, made the day of , one thousand eight 

hundred and fifty , between of the county of , 

in the State of Ohio, of the first part, and the Township Board of Edu- 
cation of the township of , county and State aforesaid, of the 

second part,witnesseth — that the said party of the first part, for the con- 
sideration hereinafter mentioned has demised, granted and leased, and 
does hereby demise, grant and lease, unto the said party of the second 
part, its successors and assigns, Qiere describe the premises) with all the 
privileges and appurtenances thereunto belonging. To have and to hold 
the said demised premises with the appurtenances, for and during the 

term of from the day of • , and 

the said party of the second part for itself, and assigns agrees to pay the 

said party of the first part, for the said premises the annual rent of 

dollars, in quarter yearly instalments, on the day of — , re- 
spectively. 

In testimony vjhereof, The said parties have hereunto set their hands 

and seals this ■ — — day of ,■ A. D., 18 . [seal.] 

In presence of [seal.] 

Chairman of the Board. 

[seal.] 

Clerk. 

State of Ohio, County. 

Before me personally appeared , grantor in the above instru- 
ment, and acknowledged the same to be . voluntary act and deed 

for the uses and purposes therein mentioned. 

In testimony whereof, I have hereunto subscribed my name, this 

day of , A. D., 18 . 



N"oTE. — If the lease be for three years, or more, it must be acknowledged, attested by two 
witnesses, and recorded. If for a less tenn, it need not be executed with these formalities 
The time of paying rent may be filled up according to contract. The consideration may be 
money, or any thing else, and the form varied accordingly. 



44 



APPOINTMENT OF ACTING MANAGER. 

, 185—. 

TKis day the Board of Education of Township, Countj', 

met, and deeming it necessary, did appoint Acting Manager 

of Schools for said Township, and empowered him to perform the fol- 
lowing duties : 
1. To, &c. 

By order of the Board. 

, Clerk. 



ASSIGNMENT OF SCHOLARS. 

, 185-. 

This day the Board of Education of Township, Count}^, met 

and assigned scholars to primary schools in said township as follows : 
To sub district No. — 
A. B. 
CD. 
etc. 
To sub district No. — 
E. F. 
G. H. 
etc. 

By order of the Board. 
, Clerk. 

Note. — A copy of the assigament to eacii sub district, is to be furmshed to tlie Teacli«r. 



I 



45 



APPOINTMENT OF LIBRARIAN. 

, — , 185-. 

The Board of Education of Township, County, has this 

day appointed to act as Librarian, and to take charge of the 

school apparatus in sub district No. — ■, of said Township, for the term 
of — year . 

By order of the Board, 

, Clerk. 



BOND OF LIBRARIAN. 

Know all men by these presents, that we and are held and 

bound unto the State of Ohio in the sum of hundred dollars, for the 

payment of which we jointly and severally bind ourselves, our and each 

of our heirs, administrators and assigns. Sealed with our seals this 

day of , eighteen hundred and fifty . 

The condition of this obligation is such, that whereas the Board of 

Education of Township, County, on the day of , 

eighteen hundred and fifty , appointed and authorized said to 

act as Librarian and to take charge of the school apparatus in district 
No. of said township : 

Now, if said shall faithfully, honestly, and impartially, and in ac- 
cordance with such rules and regulations as may, from time to time, be 
prescribed by said board, discharge his duty under and by virtue of said 

appointment, for the term of year, and until his successor shall be 

duly appointed, then this obligation shall be void. 

— ■ , [seal.] 

_, ^ [seal] 

Attest : 



IfoTE. — The foregoing minutes and bond can readily be clianged to apply to appointments 
made by the Local Directors. In such case, the Board should enter in the record an entry 
similar to the following 



46 



AUTHORITY OP LOCAL DIRECTORS TO APPOINT 
LIBRARIAN. 



, 185-. 

The Board of Education of— — • Township, County, met this day, 

and authorized the Local Directors of sub district No. — to appoint a 
suitable person, resident within the sub district, to act as Librarian, and 
to take charge of the school apparatus in the sub district, for such length 
of time and under such rules and regulations as the Local Directors may 
from time to time prescribe. 

By order of the Board. 

, Clerk. 



4T 



FORM of Teacher's Daily Register. 





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o 



Note. — This register maj be kept on a single sheet of paper, and should be incorpo- 
rated weekly in the general register, as per form on page 48. 

To find the average number in daily attendance, let the number of days present be 
added up and divided by the Avhole number of days. The signifies absent, 1, pres- 
ent, p. f. present forenoon, p. a. present afternoon. 



48 






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50 



CENTRAL, OR HIGH SCHOOLS. 



Notice is hereby given by the Board of Education of township, 

count}', that in the opinion of said board it has become desu-able 



to establish'a Central, or High School in said township ; that for such pur- 
pose it is necessary to levy a tax of — mills to the dollar, {or say of 

hundred dollars) and that on the day of , at — o'clock, — . — ., 

there will be a meeting of the o,ualified voters of said township, at the 
place of holding elections in said township, when and where important 
questions will be submitted to the voters of said township, relative to the 
cost and location of the building, and other provisions necessary for the 
estabhshment of a Central or High School in said township, and also the 
amount of tas vrliich shall be levied for the purpose. 

. 1S5 — . Bi/ order of the Board. 

, Clei^k. 



CERTIFICATE OF AIN'NUAL ESTIMATES. 

To the Auditor of County: 

It is hereby certified by the Board of Education of township 

that the entire amount of money necessarj- to be assessed on the taxable 
propert}- of said township, and expended therein, for school pm^poses, as 
directed in the 22nd section of the '•' act to provide for the reorganization, 
supervision and maintenance of common schools," passed March 14, 

1853, is dollars, as follows : 

For continuing school seven months, . _ - - g 

For , 

, 1S.5 — . By order of the Board. 

= , Clerk. 



51 



FORM OF A BOND FOR TOWNSHIP TREASURERS, AS 
TREASURERS OF THE SCHOOL FUND. 

Know all Men by tliese Presents, That we, ■, , and , of 

comity, Ohio, are held and firmly bound, to the State of Ohio, in 



the sum of dollars, for the payment of which we do jointly and 

severally bind ourselves, our and each of our heirs and legal representa- 
tives. Sealed with our seals, and dated this day of , in the 

year 18 . 

The condition of this obHgation is, that, whereas, the said • 



J was, on the day of , 18 , duly elected treasurer 

of township, county. Now if said , as treasurer, 

shall faithfully disburse and pay over, according to law, all such school 

or other funds, and moneys, as shall, from time to time, come into his 

hands for school purposes, then this obligation to be void; otherwise, to 

be and remain in full force. 

, [seal.] 

, [seal.] 

-, [seal.] 

Executed in the presence of 



Note. — This can readily be altered to apply to city treasurer, as proyided i.u Sec. o4r** '|^ g, 



Certificate of Treasurer's Bond. 

• It is hereby certified that has executed and filed with me a 

bond for the faithful disbursement, as Treasurer of Township, 

County, of all school funds that may come into his hands as such 

Treasurer; which bond, date April , 185 — , is in the penalty of 

dollars, and has been approved by the Trustees of said 

Township. 



Township Clerk said Township. 

Note — The above can he altered so as to apply to the City Treasurer's Bond, pro- 
Tided for in section 34. 



52 



ORDER ON TREASURY, (1.) 

To the Treasurer Toicnshijy, County : 



Pay . dollars, for 



By order of the Board. 



-, Clerk. 



ORDER ON TREASURY, (2.) 

To th£ Treasurer of Toicnship, County: 

Po-y ; dollars, for services as teacher in sub- 
district Xo. — , commencing , 185 — , and ending , 185 — , 

in all ~ — — days. 

By order of the Board of Education, 

. Clerk. 



53 



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56 



VOUCHERS. 

A. No. 



Received, — , 185 — , of , Treasurer of 

TownsHp, County, dollars, for services rendered as a 

teacher in sub-district No. , in said township, from the dai' 

of , 185 — , to^the day of , 185 — ; in all days. 

, Teacher. 



FINAL RECEIPT OF TREASURER. 

Received, , 185—, of , late Treasurer of Town- 
ship, County, the follov/ing moneys and school property, to wit : 

'■ — dollars, being part and parcel of the fund ; also, &;e. 

, Treasurer. 



APPOINTJMENT OF SCHOOL EXAMINERS. 

Office of the Probate Court, 
, County, O., , 185-. 



The Court beinof satisfied that 



• , are suitable persons to act as a County Board of School Examin- 
ers, under the " act to provide for the reorganization, supervision, and mainte- 
nance of common schools," passed March 14, 1853, and that they are residents 
of this county. 



Probate Judffc. 



TO TEACHERS. 
The Board of Examiners of county, Ohio, will hold a meeting at the • 



of , in the , on , • and , the 

, and days of , 185 — , for the examination of Teachers, 

under the " act to provide for the reorganization, supervision and maintenance 
of common schools," passed March 14, 1853. 

By order of the Board, 

, Clerk. 

, , 10^-. 



57 



SCHOOL TEACHER'S CERTIFICATE. 



The undersigned, the Board of Examiners of County, certify that 

— , is a of good moral character, and quahfied to teach Or- 



thography, Reading, Writing, Arithmetic, Enghsh Grammar, &c. &c. 

This certificate is to be valid for the space of months from this day, unless 

sooner revoked. 



Examiners. 

— , 185-. 



58 



REVOCATION OF TEACHER'S CERTIFICATE. 

To the Local Directors of Sub-District Xo, , Township, 

County, Ohio : 

Whereas, the Board of Examiners of said County, on the day of , 

185-, granted a certificate to , authorizing him to teach Orthography, 

&c., for the term of months, and he is now engaged as a Teacher in said 

Sub -District: 

And, whereas, it has been represented, and said Board has become satisfied, 
that said is an unfit person to be retained as such Teacher, in conse- 
quence of {Here state the offence.) 

Therefore, you are hereby required to discharge and dismiss said from 

his said employment. His said certificate is revoked. 

By order of the Board, 

, Clerk. 

■■ , 185-. 



59 





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60 



SCHOOL HOUSES 

SCHOOL ARCHITECTURE. 

It was in contemplation to accompany these forms with plans of 
School Houses, School Rooms, &c., and some suggestions relative to 
the appropriate furniture for School Houses, School Architecture, Vent- 
ilation, &c. 

But I find that the magnitude and importance of such an undertaking, 
to do any thing like justice to the subject, for our great and growing State, 
with interests so diversified and wants almost co-extensive with the 
Union, would have made the work more voluminous than seems to have 
been contemplated by tlie Legislature. 

In view of this omission, I would most respectfully recommend to all 
Boards of Education, that most excellent work upon this subject, viz : 
" Barnard's School Architecture." It will be worth quadruple its, cost to 
every district that contemplates the erection of a School House. 



INDEX TO THE SCHOOL LA¥, 



Section. Page. 

ABSTRACT of enumeration to be returned to Auditor 8 

Form of ' , 41 

'ACTING MANAGER of Schools, Board may appoint 13 

Form of appointment 44 

ACTS, certain, not repealed 67 

" in force, how affected " 

" repealed 69 

AGREEMENT between Directors and Teachers, form of 36 

ANNUAL ELECTION, in sub-district 2 

Minutes of 35 

ANNUAL ESTIMATES, to be made by Board 22 

Form 50 

APPARATUS, State Commissioner to purchase 51 

Provisions relating to , 58-62 

APPOINTMENT of Local Directors. to fill yacancy 3 

Form 36 

of Examiners 44 

■ ^ Form 56 

of Clerk of Sub-District 3 

Form 36 

of Librarian 17&62 

Form 45 

APPORTIONMENT OF FUNDS 37 

ASSIGNMENT OF SCHOLARS, Board may make 15 

Form 44 

AUDITOR OF COUNTY, to assess estimates on taxable property 22 

duty as to tax on Sub-District 23 



62 IXDEX. 

Section. Page. 

AUDITOR OF COtTN'TY, duty as to certificate of Treasurer's bond 28 

" "'' settlement with Tp. Treasurer 29 

to apportion fands in county 37 

his return to State Commissioner 40 

report, fonn of A. 

penalty for failing to report 40 

compensation 41 

liability 42 

to report to commissioner when required 52 

to distribute books and apparatus 60 

AUDITOR OF STATE, to apportion funds 37 

BOARD OF EXAMUS^'ERS. (See Examiners.) 

BOARD OF EDUCATION, to control and manage district 1 

no jurisdiction in certain cities and villages 1 

in cities and villages 1 & 32-36 

to prescribe rules for local directors 7 

responsible for performance of certain con- 
tracts " 

of whom to consist 10 

majority a quorum 10 

body politic and corporate 11 

invested with title, care, &c., of school 

houses and property " 

may sell house or other school property. . . " 

how conveyance executed " 

sessions 12 

control cf Central, or High Schools 13 

to prescribe rules, (fee, for schools " 

may establish German Schools " 

may appoint an acting manager " 

Form 44 

to prepare map of township 14 

may assign scholars to primary schools ... 15- 

' Form 44 

to control admission to High Schools 15 

may suspend disorderly scholars 15 

may establish schools composed of parts of 

several townships 16 

duty of Board in such case " 

to determine studies and books 17 



INDEX. 63 

Section. Page. 

B OAKD OF EDUCATION to appoint Librarian 17 & 62 

Form 45 

required to report 19 

I Forioa of report A. 

may establish central or High school 20 

how to proceed in such case 21 

Form of notice in such case 50 

to make annual estimates of expenditures 22 

Form of certificate in such case 50 

when to tax sub-district with cost of school 

hoiise, &c 23 

to provide for seven months school in each 

sub-district 24 

division of duties 25 

settlement with Township Treasurer .... 26 

duty as to colored children 31 

to report when required 62 

may holdreal estate, &c 68 

BOND of Township Treasurer — condition 27 

Form 51 

of State Commissioner 48 

of Librarian •. 17 & 62 

Form . 45 

of City Treasurer 34 

Form 51 

BOOKS, provisions relating to 1 7 & 58-62 

CENTRAL SCHOOL, power of Board over 13 

Board to control admission to , . 15 

" may establish 20 

how established 21 

Form of notice 50 

CERTIFICATE of amount due Teacher 6 

Form 37 

that Treasurer has executed bond 28 

Form 51 

of Auditor to Treasurer 29 

of City Treasurer's bond ' 34 

Form 51 

teacher, revocation of Ah 

Form of revocation 58 



64 INDEX. 

Section, Page. 

CHAIRMAN of sub-district meeting to sign minutes 2 

of Board to preside at meetings relating to High 

Schools 21 

CITIES, when not to be controlled by Board of Directors 1 

schools in 32-6 & 66 

CLERK. (See Secretary of sub-district meeting.) 

of sub-district to record proceedings of meeting 2 

" " " to certify to Township Clerk names of 

Local Directors elected 2 

of Township. (See Township Clerk.) 

of sub-district, who shall be 5 

his power and duties 5 

Form of appointment 36 

if Clerk absent, who to ofi&ciate 5 

to be member of Board of Education 10 

of Board. (See Township Clerk.) 

" " in cities, &c 34 

" Examiners. (See Examiners.) 

COLORED YOUTH — enumeration of, when and how taken 8-9 

schools for 31 

COMMISSIONER. (See State Commissioner.) 

CONTRACTS, relating to building, leases, &c., how made 7 

Form of contracts c 39 

DEBTS of district, to be provided for . , 64 

DEED, form of 42 

DIRECTORS. (See Local Directors.) 

DISBURSEMENT of school funds 24 

DISMISSAL of Teacher : 6 

Form 38 

DISORDERLY SCHOLARS, may be suspended 15 

ELECTION, of local directors 2 

Form of minutes , 35 

Superintendent 47 

ENUMERATION of youth, when and how to be taken 8 

Forms , 39-40 

abstract to be returned to Auditor 8 

Form of abstract 41 

of youth residing in different surveys, how noted ... 9 

ESTIMATES, annual, certificate of 22 

Form of certificate 50 



IKDEX. 



65 



ITENrnG SCHOOLS, provisions relating to. 

EXAMINERS, their appointment, , 

Form of ....,, 

their powers and duties ....... 

notice of meetings of ......... . 

Form of such notice ,......., 

certificate to teachers 

Form of certiiieate .......... 

revoeatioa of certificate ........ 

Form of revocation .......... 

their clerk ..................< 

**"' rules ................ — 

" stationery .............. 

EXE CUTION, what property exempt from . . 
FORMS, to be prepared by State Commissioner, 
minutes of sub-district meeting, 
sub-district election .......... 

Kotice of ann^.al election ,,,... 
Oath of local directors ........ 

appointment of director by township clerk . 
directers qualified—appointment of clerk. , 
of aareemeut between teacher and director 

o 

teacher's certifioate for pay . ............ 

order ©f township clerk for tea-cher's pay . . 
dismissal of teacher ................... 

minutes of visit to school ............... 

contracts ............... 

enumeration (1).. 

(2)....................., 

report of towiiship clerk ............... 

of deed .^ 

of lease 

appointment of acting manager 

assignment of scholars . 

appointment of librarian , ............. . 

bond of librarian , , 

authority of directors to appoint librarian . , 
teacher's daily register ................. 

teacher's general register ............... 

teacher's report to township clerk . . 

5 



36 



56 



45 
46 



43 

63 



58 



35 
35 
35 
35 
36 
36 
36 
37 
,37 



39 
39 

40 
41 
42 
43 
44 
44 
45 
46 
46 
47 
48 
49 



66 ESDEX. 

Section. Page. 
FOmm—Contmued. 

report of board of education ^ ...... . A. 

" of county auditor A. 

higli schools — notice 60 

certificate of annual estimates 50 

order on treasury ( 1 ) ■ • 62 

(2) 52 

treasurer's bond 51 

treasurer's general account ( 1 ) 64 

treasurer's account with sub-districts 63 

certificate of treasurer's bond 61 

treasurer's general account (2) 55 

treasurer's vouchers ....,...., 66 

treasurer's final receipt 56 

school examiners — appointment 56 

" " notice..... ....o 66 

" " certificate 67 

" " revocation ,..<,,,. 58 

register of certificates <. &9 

FUEL, contracts relating to 7 

Form of contract 39 

FUNDS, how distributed * . 24 

supervision of commissioner over 62 

state 63 

GEEMAN SCHOOLS, board may establish .... . . ..... 13 

HIGH SCHOOL, power of board over.. 13 

board to control admission to 15 

" may establish £0 

how established 21 

Form of notice relating to .... , 50 

LIBRAHIAN, state, secretary to state commissioner 49 

school, how appointed 1 7 & 62 

" form of appointment 45 

" form of his bond 45 

LIBRARY, school. .......... 68 

LOCAL DIRECTORS, sub-districts confided to their management. i 

no jurisdiction over certain cities and villages " 

when, where and how elected , 2 

may designate hour of annual election " 

in such case to give notice " 

Form of notice , . 35 



Section. Page. 
LOCAL BmECTOnQ—Contimied. 

official oath 3 

Form of oath 35 

vacancy in, how filled 3 

Form in such case ^ 36 

elected at special meeting, terms of 4 

where, v/hen and how to meet and organize 6 

Form of minutes 35 

may meet when necessary 5 

to take charge of interest of suh-distiict 6 

to employ teachers " 

to certify amounts due teachers " 

may dismiss teacher , " 

to visit schools ; . . .■ " 

to make contracts concerning school property, &c., 

under certain restrictions 7 

to take enumeration 8 

Forms of 39-40 

when board to act as such 13 

duty as to library 6 1-2 

MAP OF TOWNSHIP, board to prepare 14 

MEETING of local directors 5 

appointment of clerk " 

Form of appointment 36 

MINUTES of sub-district meeting 35 

" " to be delivered to directors 2 

of board of education 10 

NOTICE, of a special meeting to elect directors 4 

Form of 35 

of meeting relative to high schools 21 

Form of 50 

of meeting where specific hour is named 2 

Form 35 

OATH, of directors 3 

Form 35 

of State commissioner , 48 

ORDER, of township clerk for teacher's pay 6 

Form 37 

on township clerk for teachers pay , 6 

Form of ■ 56 

PROBATE JUD GE, to appoint school examiners ■ 44 



G8 INDEX. 

Section. Page. 

Form of appointment 66 

PROCESS, against officers _. 65 

PROSECUTING ATTORNEY, his duty 65 

RECEIPT, of township treasurer 29 

Form of receipt 56 

RECORDER, of city and village, his duty 34 ^ 

to report to commissioner, if required 52 

REPORT, to Auditor of enumeration 8 

Forms 39 & 40 

of Board 19 

form of A. 

by Auditor 40 

Form of -A-. 

of Commissioner • 55, 56 

of contracts to be made by directors 7 

teachers required to make 18 

Form of 49 

RULES AND REGULATIONS, Board to prescribe 13 

SCHOLARS, assignment of 15 

Form of 44 

disorderly may be suspended 15 

may be transferred to another township 16 

SCHOOL, to be established in each sub-district 14 

to be continued seven months 24 

for colored children 31 

governed imder other laws may accept this act 66 

Yisit to 6 

Form of minutes of visit 38 

SCHOOL DISTRICT, regarded as sub-district 1 

SCHOOL MEETING, for local directors 2 

SCHOOL HOUSE, local directors to contract for 7 

board of education may sell 11 

exempt from execution 43 

SCHOOL FUNDS, to be paid out on order of the clerk 24 

provisions relating to 24 j.- 63 

STATE COMMISSIONER, supervision 63 

SCHOOL LAWS, State commissioner to distribute 54 

SCHOOL LIBRARIES 58 

SCHOOL OFFICERS, process against 65 

SECTION SIXTEEN, provisions concerniag 38 

interest thereon 39 



INDEX. • 69 

Section. Page. 

SECEETARY, of sub-district meeting to prepare and sign minutes 2 

Form of sucla minutes 35 

SETTLEMENT of Board with township treasurer 26 

of Auditor 29 

SPECIAL MEETING, may be called to elect directors A 

STATE COMMISSIONER, when elected 9 

term of office 

. vacancy, how filled 

bond.. 48 

oath 48 

office at seat of government 49 

duties in visiting each judicial district 50 

duties in purchasing books and apparatus 51 

supervision over school funds 52 

may require I'eports 

to prepare forms S3 

to distribute school laws 54 

to make annual report 65 

what report to contain 56 

his salary 57 

STATE LIBRARIAN, secretary to the state commissioner 49 

STATIONERY, of, examiners provided for 46 

SUB-DISTRICT, school district under old law 1 

when not to contain less than 60 scholars 14 

schools to be established in each " 

when to be taxed with cost of school house 23 

debts in to be provided for 64 

meeting in to elect directors 2 

where, when, and how held 2 

^ who may vote thereat " 

how term of office determined " 

when to be determined by lot " 

minutes to be signed " 

if meeting not held at time prescribed, to be held 

afterwards 4 

Form of minutes of meeting 35 

TAXES, provisions relating to 22, 23, 58, 59, 63 

TEACHER, to be employed by local directors 6 

required to report 18 

Form of report , 49 



70 INDEX. 

Section, Page. 

TEACHER, Continued. 

how paid 24 

how dismissed • 6 

Form in sucli case 38 

TOWNa (see Board of Mucatmi.) 

TOWNMIIPS, organized, compose one school district 1 

TOWi>'SHIP CLERK, to fiU vacancy in local directors 3 

Form in such cases 36 

to draw order in favor of teacher 6 

Form in such case i 37 

to have enumeration taken in a certain event 8 

to make abstract of enumeration 8 

Form of abstract 41 

member of Board of education 10 

clerk of said Board " 

if absent, clerk to be appointed 12 . 

clerk at meeting relating to high school 21 

his hability , 25 

when to prosecute treasurer on his bond 27 

to make certificate of amount of such bond 28 

Form of 51 

to report to State commissioner if required -. 52 

TOWNSHIP BOARD, (see ''Board of Education:' 

TOWNSHIP TREASURER, funds to be paid to 22 

settlement with Board 26 

his duties 27 

bond 

Form of 51 

to furnish auditor certificate of the amount of bond. 28 

Form of certificate 51 

his per centage 28 <fe 29 

to settle with auditor 29 

penalties against 30 

to report to State Commissioner if required 52 

TREASURER OF COUNTY, his per centage on coUections 22 

to report to State commissioner if required 52 

TREASURER OF CITY OR VILLAGE 34 

bond 34 

to report to State commissioner if required 52 

VACANCY, in office of local director, how filled 3 



INDEX. " 71 

Section. P%e. 
VILLAGES, when not to be controlled by township board, &c. . . 1 

schools in 32 

VISIT TO SCHOOL 6 

Form of minutes 38 

VOUCHER, of townsnip treasurer 2$^ 

Form of 56 

WHITE YOUTH, enumeration of, when and how taken 8, 9 

YOUTH, enumeration of, when and how taken 8, 9 

Form of ' 39,40 



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